Najah Primary School in Garissa County has been ordered to compensate a mother with Ksh.650,000 for stigmatizing and discriminating against her 12-year-old son, who lives with HIV.
The HIV and Aids Tribunal ruled that the school was unjust in expelling the Grade Two pupil due to his HIV status.
The boy had reportedly been discreetly taking anti-retroviral medication (ARVs), assisted by his elder brother, who also attended the school. However, upon discovering his HIV status, the school administration sent him home and even allegedly offered his mother Ksh.10,000 to remove him from the school.
The mother testified that the school only offered Ksh.600, and her son ceased attending school due to depression stemming from the discrimination. Despite being sued, the school and its administrator, Mohamed Noor, did not respond to the case.
The five-member tribunal, headed by Carolyne Mboku, determined that the school’s actions were unjust and illegal, constituting discrimination against the minor, contrary to Section 32 of the Act.
The tribunal awarded the mother Ksh.400,000 for discrimination and an additional Ksh.250,000 for the suffering inflicted by the school.
The tribunal noted that individuals living with HIV who face stigma are more inclined to delay seeking care, and discrimination in healthcare settings drives them away, hampering efforts to provide HIV testing, treatment, and prevention services.
